In the extensive catalog of unfair terms that appear frequently in mortgage loan contracts, They stand out for their importance relative to interest on arrears and early maturity.
Once declared invalid by being abusive interest for late payment, that clause must be expelled from the contract and therefore no interest, ni legal, or procedural, be applied.
We publish below the commentary on the judgment of the Court of Justice of the European Union by Rafael Juan Juan Sanjosé, Alternate Judge of the Provincial Court of Castellón.
Cuando estemos ante un contrato celebrado entre un profesional y un consumidor, in no case can serve the DT 2nd Law 1/2013, in conjunction with Article 114 LH, to fill the gap caused by the contract to be eliminated default interest clause.
This is the conclusion of the work of Rafael Juan Juan Sanjose, Alternate Judge of the Provincial Court of Castellón, que publicamos a continuación.